“The ABC has three distinct benefits for me and my firm. First, the presentations are informative and address issues relevant to my practice, be it marketing techniques or improving my online presence. Second, I have received referrals from fellow members within my...Read More
-- Robert T. Kiyosaki
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To reserve your seat, or to learn more, please contact Dina@abcfornetworking.com.Read More
As a musician, the lyrics and songs you compose are your livelihood and should be protected. As your music career grows, you should be aware of copyright laws a […]Read More
Do you know that some 75% of employees steal from the work place, and many do it repeatedly? From office supplies to spare parts, unauthorized breaks to surfing the web during work hours, employees are regularly stealing from their employers, and doing it primarily because they have the opportunity to do so. After all, taking this one thing or texting my friend won’t really matter, will it? The FBI says it sure does, reporting that employee theft is the fastest growing crime in America, with companies losing billions annually.Read More
One of the joys of being an artist is to create something that is unique to you; however, once created, it’s up to you to protect your artistic work. A legal pr […]Read More
Subcontractors generally rent equipment they need for particular jobs. A painting and waterproofing company did just that when it needed a 20-foot scissor lift. And as is customary in the industry, the back of the equipment rental agreement contained a broad indemnity provision. This one stated:
Lessee shall indemnify and hold Lessor harmless from any claims of third parties for loss, injury and damage to their persons and property arising out of Lessee’s possession, use, maintenance or return of equipment, including legal costs incurred in defense of such claims.
When a temporary employee of the painting company fell off the lift, he filed suit naming the rental company. He argued that his injuries were the result of the rental company’s failure to properly maintain its equipment. He didn’t sue the painter which had leased the equipment; however, the rental company did sue the painter, relying on the contractual indemnification quoted above.
The court looked closely at this provision. It found no clear language stating that the painting company was agreeing to indemnify and release the rental company for the rental company’s own negligence – something which courts have held is absolutely necessary to enforce an indemnity for one’s own wrongful conduct. The language here just wasn’t clear or specific enough for the rental company to pass liability to the painter, especially when there was some question as to the rental company’s own negligence in maintaining the equipment.
The day of your music video shoot is fast approaching—a day you’ve been working toward for weeks, months or even years. Through extensive background research, y […]Read More